San Francisco 49ers linebacker Aldon Smith stands on the sideline during a preseason game against the Minnesota Vikings in San Francisco. (Aug. 25, 2013) Photo Credit: AP

SAN JOSE, Calif. -- San Francisco 49ers linebacker Aldon Smith was arrested Friday morning on suspicion of driving under the influence in San Jose, police said.

Smith was arrested by officers who received a call about a solo vehicle crash around 7 a.m., San Jose police Sgt. Heather Randol said. Officers proceeded to take a breath sample and to conduct other tests.

In the suit filed earlier this month in Santa Clara County Superior Court, David Kleczek, an attorney for Ronndale Esporlas, claims that Smith and former Niners tight end Delanie Walker fired weapons illegally during a party at Smith's San Jose home on June 29, 2012.

The players charged a $10 admission and $5 per drink, the lawsuit said. Smith, 23, and Walker, who is also named in the suit, were allegedly intoxicated on Smith's balcony when they later fired gunshots in the air while trying to end the party, the lawsuit said.

Kleczek said they then moved to the driveway where he alleged more shots were fired. Esporlas, 21, was shot twice in the leg while he was "caught in the crossfire between the two groups of people firing gunshots at each other," the lawsuit said.